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(영문) 서울중앙지방법원 2014.06.12 2012가단227120
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Jongno-gu Seoul, Jongno-gu, the Defendant-owned (hereinafter “the first site of this case”) is not more than 154.4m2m2 in Jongno-gu Seoul, Jongno-gu, Seoul (hereinafter “the Defendant-owned”) and the second site of this case.

B. D acquired ownership of the instant site on February 3, 1976, and the Plaintiff received 1/2 shares out of the instant site from the said D on September 13, 2005 and completed the registration of ownership transfer on September 13, 2005 with respect to the said shares on the ground of the gift of 1/2 shares out of the instant site from the said D on September 13, 2005.

2. Determination ex officio as to the legitimacy of the lawsuit of this case by the Plaintiff, who succeeded to the above D and his possession, shall be made ex officio as to the lawfulness of the lawsuit of this case against the Defendant, seeking the implementation of the procedure for ownership transfer registration as to the part of the lawsuit of this case, which was based on the completion of the statute of limitations for the ownership transfer on the ground of the completion of the statute of limitations for the part of the lawsuit of this case, by the intention of possession for twenty (20) years as the site of the housing constructed on the ground of the site of this case.

However, in order to seek the implementation of the procedure for ownership transfer registration for part of the land, the subject matter of the claim should be specified through the survey drawings, etc. so that the part of the land can be subdivided. The part of the dispute in this case for which the plaintiff seeks the implementation of the procedure for ownership transfer registration is not completely specified in the specific location, form, and boundary of the possession, and the plaintiff applied for the verification and appraisal on October 30, 2013 to this court for the specific purpose, but it is difficult to expect that the plaintiff would take not only the procedure that the plaintiff would take, such as prepayment of appraisal fees, etc., by the closing date of argument in this case, but also the part of the dispute in this case subject to the claim can be subdivided.

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